Secretary of State for Constitutional Affairs v Stork

Secretary of State for Constitutional Affairs v Stork

The correct interpretation of 'd' in the graduated fee formula is the number of days by which the trial against the individual assisted person exceeds one day, not the total length of the trial involving co-defendants. This ensures consistency and certainty in the statutory scheme.

Parties
Claimant: THE SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS; Defendant: BRIAN STORK
Jurisdiction
England and Wales
Judgment Date
03 August 2005
Procedural Posture
Civil / Appeal
Outcome
appeal allowed
Legal Topics
Remuneration of Barristers, Graduated Fees Scheme, Statutory Interpretation
Administrative Law Legal Costs Remuneration of Barristers Graduated Fees Scheme Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

THE SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS

Claimant

BRIAN STORK

Defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether a barrister is entitled to daily 'length of trial uplift' for the whole length of a multi-defendant trial or only for days attended when the client is acquitted part way through.

Ratio Decidendi

The correct interpretation of 'd' in the graduated fee formula is the number of days by which the trial against the individual assisted person exceeds one day, not the total length of the trial involving co-defendants. This ensures consistency and certainty in the statutory scheme.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed. The Defendant is not entitled to length of trial uplifts for days beyond the trial of the individual assisted person.